The Independent View: Supreme Court Rejects Gun Rights Advocates Over Bump Stocks

The U.S. Supreme Court on Friday handed another Setback to Gun Rights Advocates Challenging Ban on “Bump Stock” Devices that Enable Semi-Automatic Weapons to Fire Rapidly.

With Two Conservative Justices dissenting, the Court Refused to Temporarily Exempt from the Ban a Group of Plaintiffs including the Firearms Policy Foundation while their Legal Challenge continues to be Litigated in Washington.

The Supreme Court Twice previously Rejected Requests by Gun Rights Advocates, in the Case in the U.S. Capital and a similar One in Michigan, to Temporarily Block the Ban while Legal Challenges proceed in Lower Courts.

It’s hard to know for sure, but Americans could Own as many as 520,000 Bump Stocks, according to Estimates from the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Many of the Devices are Untraceable, in part because they Don’t have Serial Numbers. The Federal Government Estimates that Americans have spent $96.2 Million on Bump-Stocks between 2011 and 2017. These Devices can cost from $180 to $425 each.

Laws to Ban these Devices have Passed in Seven States. Another concern for some Gun Rights Activists is that the State Bans do Not give enough Notice to Residents that Possessing a Bump Stock is, in most Cases, a Felony.

Even though Proposed Bump-Stock Bans have Stalled in more than a Dozen States, Gun Control Advocates who want to Rid the Country of the Accessory are Celebrating their Existing Statehouse Victories. They agree with Gun Owners and Police, however, that Enforcing the Bans will be a Challenge.

Under New Jersey’s New Bump-Stock Ban, which was Approved in January 2019, Residents were supposed to Destroy or Turn-In their Bump Stocks by Mid-April 2019. So far, New Jersey State Police say, they have Not Received a Single One.

Bans of Bump Stocks in Hawaii and Connecticut are currently Awaiting Governors’ Signatures, and Lawmakers in Delaware and Rhode Island are expected to Approve Bans soon.

In Massachusetts, where Residents had until February to Surrender their Bump Stocks, State Police received just Three Devices. The Bay State’s Ban, which Passed in November 2018, is a Felony. The First Reported Violation of the Bump-Stock Ban occurred in March, when Police Arrested a Couple after Discovering an Arsenal of Weapons in their Hotel Room. The Bump-Stock Charge was one of more than Three Dozen Gun Charges in that Case.

Bump-Stock Bans in Florida, Maryland, Vermont, and Washington have been Approved but have Not yet gone into Effect.

Connecticut’s Ban has Passed both Houses of the State Legislature and is Awaiting the Signature of Gov. Dannel Malloy (D). Jeremy Stein, Executive Director of Connecticut Against Gun Violence, said he doesn’t Expect the Ban in his State to prompt a Flood of Bump-Stock Owners to Turn-In their Devices. “Unless the police are getting search warrants to go house by house, there will probably be people who aren’t giving up their bump stocks,” Stein said. “Enforcement will come into play when the police are investigating other crimes, like domestic violence or whatever, and they come across a bump stock. They can tack on another charge.”

One of the Main Reasons why Owners are Not Turning in their Bump-Stocks to Authorities is that there’s No Financial Incentive attached to many of these State Bans, said Mark Pennak, the President of Maryland Shall Issue, a Gun Rights Group that Opposed Maryland’s recently Passed Bump-Stock Ban. “You’re basically telling people to destroy their property,” Pennak said. “If you take someone’s private property, you have to pay for it.” Pennak said the Stiff Penalties are Unfair. “They bought them just because they’re fun to use, and that’s it,” he said. “You’re criminalizing a plastic item, and sending people to prison for three years for it.” Maryland’s Ban, which went into effect in October 2019, does Not include a Buy-Back Program.

But the One in Washington State does. A Section of the New Law calls on the Washington State Patrol to establish a Year-Long Buy-Back Program starting in July 2019, where Residents can turn in Bump-Stocks and Receive $150.

Delaware’s Proposed Bump-Stock Ban, which has Passed the State House and is being considered by the Senate, would include $15,000 toward a Buy-Back Program.

Hawaii’s Bump-Stock Ban, which awaits the Signature of Gov. David Ige (D), would go into Effect immediately and Carry a Five-year, $10,000 Fine upon a Conviction. The Language of the Bill, however, does Not include a Grace Period or any Instruction for how Residents can Dispose of their Devices.

This sort of Vagueness concerns Harvey Gerwig, President of the Hawaii Rifle Association, an Affiliate of the National Rifle Association (NRA). “Nobody knows how to implement this stuff,” Gerwig said. “There’s nothing in the bill that says what will happen.” Gerwig said he Fears that Gun Owners who don’t closely follow State Policy Changes and therefore aren’t Aware of the Ban might be Charged with a Felony if they are Caught using or even Possessing the Devices.

Vermont’s Bump-Stock Ban does Instruct the Department of Public Safety to “develop, promote, and execute a collection process that permits persons to voluntarily and anonymously relinquish bump-fire stocks” before the New Law goes into effect in October 2019. But Evan Hughes, the Vice President of NRA Foundation Projects at the Vermont Federation of Sportsmen’s Clubs, a Gun Rights Group, said the Law is Still “virtually unenforceable.” “The only way to comply with the law is divest themselves of their property,” he said.

Allison Anderman, the Managing Attorney for the Giffords Law Center, a Gun Control Organization Founded by Former U.S. Rep. Gabby Giffords, the Arizona Democrat who Survived a Shooting in 2011, Acknowledged that Enforcing a Ban on Possession is a Challenge. But she emphasized that merely Prohibiting the Sale of New Devices will eventually Reduce the Number of Bump Stocks in Circulation.

The Largest Manufacturer of Bump-Stocks, Slide Fire Solutions, has Announced that it will Stop Selling them on May 20 2019.

President Trump Insists he will Unilaterally Ban Bump-Stocks. “I’m writing that out myself. I don’t care if Congress does it or not. I am writing it out myself,”

Meanwhile, the U.S. Justice Department is considering a Nationwide Bump-Stock Ban, which has been Endorsed by President Trump. ATF is Soliciting Public Comment on the Proposal, but it may Face a tricky Legal Challenge: During President Obama’s Tenure, the ATF determined that it did Not have the Authority under the National Firearms Act to Regulate Bump Stocks.